Present BECKER, STAPLETON, MANSMANN, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE and SAROKIN, Circuit Judges.
The court holds that under New Jersey law, a chemical transporter is entitled to indemnification from its excess liability insurers for costs it incurred in accordance with a Compreh...

The court holds that a former owner of petroleum-contaminated property is not liable to the current owner on state-law claims of fraud and strict liability for the alleged expense of removing leaking underground storage tanks from the site. The court first holds that to succeed on its fraud claim, t...

The court holds that the U.S. Department of Transportation (DOT) acted within the scope of its discretion in issuing a regulation that established a rebuttable presumption that loose closures on railroad tank cars transporting hazardous materials result from the shipper's failure to conduct a proper...

The Court of Federal Claims awarded $84 million to four oil companies for costs they incurred cleaning up waste stemming from the production of aviation gasoline during World War II under contracts with the U.S. government. The government argued that the oil companies are not entitled to recover all...

The Eighth Circuit affirmed a lower court order holding that a company substantially complied with a state's remediation plan for cleaning up PCB contamination at a hazardous waste site. The company's predecessor-in-interest operated an electrical transformer repair facility on the subject property,...

A district court denied New Jersey's motion to amend a 1997 consent decree concerning the Gloucester Environmental Management Services, Inc., landfill and ordered it to comply with the terms of the decree. The state alleged that the detection of the presence of radionuclides requires a new remedy fo...

The court upholds the dismissal of individuals' employment retaliation suits against the state of Rhode Island and the Rhode Island Department of Environmental Management concerning potential Solid Waste Disposal Act violations. The state has not waived its right to sovereign immunity, and the U.S. ...

A district court denied motions for summary judgment brought by the current or former owners of underground petroleum storage tanks who were sued under the Resource Conservation and Recovery Act (RCRA) by the owner of neighboring property. The underground storage tank (UST) owners argued that ground...

A district ruled on several pre-trial motions of both defendants and plaintiffs alleging property damage caused by a defendant's contamination at its nearby chemical manufacturing facility (a designated Superfund site), negligence, fraud, fraudulent concealment, strict liability, trespass, and civil...

A district court dismissed environmental groups' claim that the U.S. Environmental Protection Agency (EPA) has never undertaken the study of coal mining wastes requested by Congress and, accordingly, has failed to determine whether such wastes should be regulated as "hazardous" under Subtitle C of t...